I 

115TH CONGRESS 

2D SESSION H. R. 6043 

To amend the Controlled Substances Act to provide for a new rule regarding 

the application of the Act to marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2018 

Mr. JOYCE of Ohio (for himself, Mr. BLUMENAUER, Mr. CURBELO of Florida, 

Mr. POLIS, Mr. BUCK, Ms. LEE, Mr. JONES, Ms. DEGETTE, Mr. BLUM, 

Mr. COHEN, Mr. GAETZ, Ms. NORTON, Mr. MCCLINTOCK, Mr. CORREA, 

Mr. LEWIS of Minnesota, and Mr. KHANNA) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act to provide for a 

new rule regarding the application of the Act to marihuana, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening the 

5 Tenth Amendment Through Entrusting States Act’’ or 

6 the ‘‘STATES Act’’. 


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1 SEC. 2. RULE REGARDING APPLICATION TO MARIHUANA. 

2 (a) IN GENERAL.—Part G of the Controlled Sub3 stances Act (21 U.S.C. 801 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 710. RULE REGARDING APPLICATION TO MARI6 HUANA. 

7 ‘‘(a) Notwithstanding any other provision of law, the 

8 provisions of this title as applied to marihuana, other than 

9 the provisions described in subsection (c) and other than 

10 as provided in subsection (d), shall not apply to any person 

11 acting in compliance with State law relating to the manu12 facture, production, possession, distribution, dispensation, 

13 administration, or delivery of marihuana. 

14 ‘‘(b) Notwithstanding any other provision of law, the 

15 provisions of this title related to marihuana, other than 

16 the provisions described in subsection (c) and other than 

17 as provided in subsection (d), shall not apply to any person 

18 acting in compliance with the law of a Federally recog19 nized Indian tribe within its jurisdiction in Indian Coun20 try, as defined in section 1151 of title 18, United States 

21 Code, related to the manufacture, production, possession, 

22 distribution, dispensation, administration, or delivery of 

23 marihuana so long as such jurisdiction is located within 

24 a State that permits, respectively, manufacture, produc25 tion, possession, distribution, dispensation, administra26 tion, or delivery of marihuana. 


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1 ‘‘(c) The provisions described in this subsection are— 

2 ‘‘(1) section 401(a)(1), with respect to a viola3 tion of section 409 or 418; 

4 ‘‘(2) section 409; 

5 ‘‘(3) section 417; and 

6 ‘‘(4) section 418. 

7 ‘‘(d) Subsection (a) shall not apply to any person 

8 who— 

9 ‘‘(1) violates the Controlled Substances Act 

10 with respect to any other controlled substance; 

11 ‘‘(2) notwithstanding compliance with State or 

12 tribal law, knowingly or intentionally manufactures, 

13 produces, possesses, distributes, dispenses, admin14 isters, or delivers any other marihuana in violation 

15 of the laws of the State or tribe in which such man16 ufacture, production, possession, distribution, dis17 pensation, administration, or delivery occurs; or 

18 ‘‘(3) employs or hires any person under 18 

19 years of age to manufacture, produce, distribute, 

20 dispense, administer, or deliver marihuana.’’. 

21 (b) DEFINITION OF MARIHUANA.—Section 102(16) 

22 of the Controlled Substances Act (21 U.S.C. 802(16)) is 

23 amended— 

24 (1) by striking ‘‘or the sterilized’’ and inserting 

25 ‘‘the sterilized’’; and 


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1 (2) by striking the period at the end and insert2 ing ‘‘, or industrial hemp (as defined in section 

3 7606(b) of the Agricultural Act of 2014 (7 U.S.C. 

4 5940(b))).’’. 

5 SEC. 3. TRANSPORTATION SAFETY OFFENSES. 

6 Section 409 of the Controlled Substances Act (21 

7 U.S.C. 849) is amended— 

8 (1) in subsection (b), in the matter preceding 

9 paragraph (1)— 

10 (A) by striking ‘‘A person’’ and inserting 

11 ‘‘Except as provided in subsection (d), a per12 son’’; and 

13 (B) by striking ‘‘subsection (b)’’ and in14 serting ‘‘subsection (c)’’; 

15 (2) in subsection (c), in the matter preceding 

16 paragraph (1)— 

17 (A) by striking ‘‘A person’’ and inserting 

18 ‘‘Except as provided in subsection (d), a per19 son’’; and 

20 (B) by striking ‘‘subsection (a)’’ and in21 serting ‘‘subsection (b)’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 

24 apply to any person who possesses, or possesses with inVerDate Sep 11 2014 22:46 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6043.IH H6043

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1 tent to distribute marihuana in compliance with section 

2 710.’’. 

3 SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE 21. 

4 Section 418 of the Controlled Substances Act (21 

5 U.S.C. 859) is amended— 

6 (1) in subsection (a), in the first sentence, by 

7 inserting ‘‘and subsection (c) of this section’’ after 

8 ‘‘section 419’’; 

9 (2) in subsection (b), in the first sentence, by 

10 inserting ‘‘and subsection (c) of this section’’ after 

11 ‘‘section 419’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(c) Subsections (a) and (b) shall not apply to any 

14 person at least 18 years of age who distributes medicinal 

15 marihuana to a person under 21 years of age in compli16 ance with section 710.’’. 

17 SEC. 5. RULE OF CONSTRUCTION. 

18 (a) IN GENERAL.—Conduct in compliance with this 

19 Act and the amendments made by this Act— 

20 (1) shall not be unlawful; 

21 (2) shall not constitute trafficking in a con22 trolled substance under section 401 of the Controlled 

23 Substances Act (21 U.S.C. 841) or any other provi24 sion of law; and 


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1 (3) shall not constitute the basis for forfeiture 

2 of property under section 511 of the Controlled Sub3 stances Act (21 U.S.C. 881) or section 981 of title 

4 18, United States Code. 

5 (b) PROCEEDS.—The proceeds from any transaction 

6 in compliance with this Act and the amendments made 

7 by this Act shall not be deemed to be the proceeds of an 

8 unlawful transaction under section 1956 or 1957 of title 

9 18, United States Code, or any other provision of law. 

Æ 


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